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2021 Supreme(SC) 748

D.Y.CHANDRACHUD, R SUBHASH REDDY, S RAVINDRA BHAT
State of Odisha – Appellant
Versus
Orissa Private Engineering College Association (OPECA) – Respondent


JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. Leave granted.

2. This appeal arises from an order of a Division Bench of the High Court of Orissa dated 21 January 2021. The High Court has allowed a writ petition filed by the first respondent allowing institutions imparting education to grant admission to the students for the B.Tech (Engineering) degree course for academic session 2020-21 on the basis of the marks obtained in the qualifying examinations. This is purportedly in relaxation of a statutory requirement that all admissions have to be based on a centralized entrance test.

3. In the State of Orissa, there is a legislation called the Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act 2007[“2007 Act”]. Section 3 of the Digitally signed by Sanjay Kumar Date: 2021.07.07 15:29:23 IST Reason: Signature Not Verified 2 2007 Act contains the following provision:

    "3. (1) Subject to the provisions of this Act, admission of students in all private professional educational institutions, Govt. institutions and sponsored institutions to all seats in

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